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Home My WebLink About12-05-06 ~ NOY t9 2006 /)I~ o ~ IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RPHANS' COURT DIVISION IN RE: Benjamin F. Sim , a minor NO. c2l -0 lo - \ 0 ~q f-o-) (") g ~ 0 C7'\ -"'-:0 sa UJ-o '-1 ORDER FOR APPOINTMENT OF CO-GUARDIANS :;~;.~~~ ~ FOR THE ESTA E OF A MINOR OVER AGE FOURTEE~g~ ~ ,-,0" ::c (.:) c ~~ :g AND NOW, this ~... day of ')~ ,20 Ota, upon considera~ of the within Petition duly pre ented to this Court and the Minor having made the choice of Deborah W. Sims and Mild ed J. Weibeski as his Guardians, IT IS HEREBY ORDERED AND DECREED that Deborah . Sims and Mildred J. Weibeski, are appointed Co- Guardians of the Estate of Be jamin J. Sims, a minor. In lieu of the entry of security, the Co-Guardians are authoriz d and ordered and directed to invest the funds belonging to the above named minor as ollows: ::0 ::0 P=!, rn.... ,.. (..--:> <::) (~7) :::0 .-IV P'l rn ::.D CJ c::> 0 -'n -n :~:: -n __.(J ',"'" r~o -n - .'. 1. All monies payable to the Minor, or to the Minor's Estate including, but not limited, to the Minor's mterest in the Estate of Ronald Carroll Sims, a/k/a Ronald C. Sims, (SSN: 376-48 2299) the Minor's deceased father, any death benefits payable to the Minor un er any life insurance policy on the life of the said Ronald Carroll Sims, any sto k savings program of the said Ronald Carroll Sims, designating the Minor a a beneficiary, and any and all other funds payable to the Minor as a result of or rising out of the death of the said Ronald Carroll Sims, together with any and II interest earned thereon to the date of receipt, shall be .deposited with a federally insured bank in a savings account, certificate of deposit or other inter st bearing account, or any combination thereof, in the name of the Guardians tf the Estate of Benjamin F. Sims, ("the Accounts"), to be marked as hereinafter firected. i The Accounts to be estiblished pursuant to Paragraph 1 shall be marked: "Not to 2. - 1 - be withdrawn, assigned, negotiated or otherwise alienated before April 16, 2009, the date of the Minor' 18th birthday, except for payment of state and federal income taxes on the in erest earned by the Minor's estate, and tax preparation fees for such returns 0 upon Order of Court. " i Evidence of the establlishment of the Accounts, marked as directed, shall be produced to the Court for inspection and approval immediately upon receipt by the Guardians. 3. 4. The Guardians are fu ther authorized and directed to deposit the interest received from the inve tment under Paragraph 1 in the Accounts. The Guardians are aut orized to make withdrawals from the Accounts for the limited purpose of pay ent of any and all taxes and tax preparation fees arising out of the holding of t e Accounts and the interest or income derived from the investment thereof. 0 other withdrawals may be made from the accounts except upon further Or er of Court. 5. The financial institutio , bank or savings institution with whom the Accounts are held may pay over the i vestments as provided in Paragraph 1 to the Minor when the Minor attains his m jority on April 16, 2009, upon the order of the Guardians and the late Minor, wit out further Order of Court. 6. BY THE COURT: J . - 2 - Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court 10 # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff@comcast.net f'"..J = o = ~S5 ~ ,,:J-o 0 '~IO ..c ,'.J -,,~ r N ~~ g~ \.0 i ('')0 ;t:l'l> I GO~l ~ I :~ -::- i ~ ~ IN THE COURT OF cOMhoN PLEAS OF CUMBERLAND COUNTY, PE~NSYLVANtA nT'ORPHANS' COURT DIVISION IN RE: Benjamin F. Sim~, a minor NO. ~ \ -Olo - \ OLt9 PETITION FOR APPOINTMENT OF GUARDIAN OF THE ESTATE OF A MI OR OVER THE AGE OF FOURTEEN PURSUANT 0 20 PA.CONS.STAT. SECTION 5111 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Debar h W. Sims respectfully represents that: . -i) -":] rrl 1. Benjamin F. Sims (here fter the "Minor") is a minor, age 15, born on April 16, 1991, and residing at 1222 Ki gs Circle, Mechanicsburg, PA 17050 with his mother and sole surviving parent, Debo ah W. Sims. 2. The sole surviving par nt of the Minor is Deborah W. Sims residing at 1222 Kings Circle, Mechanicsburg, Cumberland County, PA 17050. 3. The Minor's father, Ron ld Carroll Sims, a/k/a Ronald C. Sims, died on September 16, 2006. A copy of his de th certificate is attached hereto, marked Exhibit" A" . 4. The appointment of a g ardian for the Estate of the Minor is necessary for the reason that the Minor has no l gally appointed guardian for his estate and is entitled to the payment of substantial sums as the result of the death of his father, Ronald Carroll Sims. - 1 - 5. The proposed Co-Guar ians are: a. Deborah W. Sim , an adult individual over the age of 18, and who resides at 1222 Kings Circl , Mechanicsburg, Cumberland County, PA 17050, and is the mother of the M nor; and, b. Mildred J. Weib eki, an adult individual over the age of 18 and an and who resides at 10440 Wine Palm Road, Unit 5612, Fort Myers, FL 33912, and who is the grandmothe of the Minor. "B" . 6. The acceptances of the proposed Guardians are attached hereto and marked Exhibit 7. The Consent of the Min r is attached hereto and marked Exhibit "e". 8. The proposed Co-Gua dians have no interest adverse to the Minor and are not fiduciaries or officers r employees of any corporate fiduciary of an estate in which the Minor has an inter st nor the surety or an officer or employee of the corporate surety of such fiduciar . 9. The following is an it mization of the assets of the Estate of the Minor, their location, approximate alue and income, if any: a. One third inte est in the Estate of Ronald Carroll Sims, having an undetermined v lue but including at a minimum a Morgan Stanley account having an estim ted value of $160,000 and unliquidated damages arising out of a vehicular ac ident which resulted in the death of the said Ronald Carroll Sims; b. Ronald Carroll S ms' GM Stock Savings Plan having an approximate value of $47,000 which p an designated the Minor as the death beneficiary thereof; c. The death benef ts payable under the Met Life life insurance policy on the life of Ronald Carroll Sims, the total death benefits for which are estimated at $72,000, and for which the Minor is designated as the 10% death beneficiary thereof. 10. No Notice is required tq be given to the U.S. Veterans Administration as required by Supreme Court Rule 12,5(10) - 2 - WHEREFORE, your Pet tioners respectfully requests this Honorable Court to appoint Deborah W. Sims and Mildre J. Weibeski as Co-Guardians of the Estate of Benjamin F. Sims. Respectfully submitted, DCLlFF, ESQUIRE e Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID No. 32112 Attorney for Petitioner - 3 - VERIFICATION Deborah W. Sims verifies hat the statements made in this Petition are true and correct. She understands that false state ents herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswol falsification to authorities. fl<-f?r.j""Yl.,JI w J , ~ DEBORAH W. SIMS - 4 - ,- EXHIBIT "A" DEATH CERTIFICATE FOR RONALD CARROLL SIMS ..-oJ"" IN ........... "'"""'- LF CF 0143t- I STATEOFMICMGAN DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF DEATH S1>JE >u.....ao 2656919 II S i ~ .~ at at. ~1;' !~ a SIMS ] ." .. or4 g o = lie. MAJUNO A.DDI.DS ,...... ~"..,...,.... ...... ._ ~ ~., ...... ,..... .. cw., 48220 P .. 36..........,. _..__........ .. ....a......... ~ .........-........... =-=~":I L ......._.r ...............".."... b. _CMJd...... ._ ., .....ldla ---. ill .... ..........11 H.l........., Co ~~f-..:- u..au.1'1IIG CAUD (46IUIe....,- d. ~..._r."'tWoI ......lLUT Ielegraph Rd. Pontiac. MI 48341-0438 ,5b. DAft P1L8D ~ DiIJI ..., SEP 1 9 2006 Ei:: lmin-hours ....... or ~. ..cINcdy t--'.. dadL DO ~ __..... .....IIICIt...................,__ Ch8C1101og. .....,_ca.-....... > " ltiple Injuries i GUIlD IDIt AS A CONAQUIIC& Of') DtJI, to 101. AI A CXlNIIQUINCI CIf)-. PART JL IIClNIFICAHT )7. OlD 1'OBACCO USE CON1JUIIUI'B 10 DMI1I1 ca.IriIMia ...... __.... .. lIIe .-.rt,iII'..... s;...... .. Pan I. 0 TtlI 0 ........, miN. 0 u..._ Hani:id&. 40L W......AN AUIOPSY .... WEU AUTOPSY PINIHNOS AVAD..ABLE I ~ mmro~~u~~ rlU.""., DEAnI? ,...., N.J Yes Yes )l.1P~ O~ ............... ,... 0........ - fIf'" Of'Cel........ hi............ .1"""'" 0........................,..,..., ,.. -- o u..-w........... 6&...,... xp~o~~y 411:. DESt1lIRHOW OOURV OCCUUED 10:52 AM Driver of motorcycle. struck vehicle 41r.~~~. 411.LDCA1'IOtf-......RfDNo. City,V1Uq&.~ s- ......... ........ 1M. &J1H'111 Driver M-59 elo Airport Rd.. Waterford Twp.. MI I, Mary Ellen Graver, Clerk of the City of Royal oa" Oakland County. Michigan, do hereby certify that the foregoing is a true copy of the record now remaining in my office. I 179359 ~.A/~~~ t Mary Ellen Graver, City Clerk . . ., City of Royal Oak, Michigan This c~p is not ~~I~d unl~.~~_?I~~a~tng, e~bo~~e~ seal and registrar signature. - 5 - EXHIBIT "B" I CONSEtT OF PROPOSED GUARDIAN I, Mildred J. Weibeski, hereby consent to act as Guardian of the Estate of Benjamin F. Sims, the Minor. I hereby represent that: . I reside at 10440 wjne Palm Road, Unit 5612, Fort Myers, FL33912. . I am a citizen of the United States and can speak, read, and write the English language. I . I am not the fiducia!y or the officer or employee of any corporate fiduciary of the estate in which the minor has an interest or the surety or office or employee of the corporate suretr of such fiduciary. I . I have no interest a~verse to the Minor. I I I ~J~r W~ MILDRED J. WEIB~KI, Proposed Guardian - 2 - EXHIBIT "B" CONSE T OF PROPOSED GUARDIAN I I, Deborah W. Sims, hereby con ent to act as Guardian of the Estate of Benjamin F. Sims, a minor. I hereby represent that: . I reside at 1222 Kin s Circle, Mechanicsburg, PA 17050. . I am a citizen of tie United States and can speak, read, and write the English language. . I am not the fiducia y or the officer or employee of any corporate fiduciary of the estate in which the minor has an interest or the surety or office or employee of the corporate sure y of such fiduciary. . I have no interest dverse to the minor. ~ W j1l'Y\::1~ DEBORAH W. SIMS, Proposed Guardian - 1 - -. -,-- - - ----- -- EXHIBIT "C kONSENT OF MINOR I I, Benjamin F. Sims, hereby co~sent to appointment of Deborah W. Sims and Mildred J. Weibeski as the Guardian of th~ Estate of Benjamin F. Sims, the Minor. 1 hereby represent that: I . I reside at 1222 Kin~s Circle, Mechanicsburg, PA 17050. I . I am a citizen of t~e United States and can speak, read, and write the English language. ! . 1 am age 15, born or April 16, 1991 The said Deborah I W. Sims and Mildred J. Weibeski are my mother and grandmother respeqtively and have no interest adverse to me. . ~.~~ BENJAMIN F. SIMS, the Minor - 3 - 1 In Re: BENJAMIN F SIMS, A MINOR ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-1049 CE*TIFICATE OF SERVICE OF ORDER ORDER DATE: 12-04-06 JUDGE'S INITIALS: KAH TIME STAMP DATE: 12-05-06 IN RE: ORDER FOR POINTMENT OF CO-GUARDIANS FOR THE ESTATE OF A MINOR OVER AGE FOURTEEN I ~~~~;~~' ;~~""" ~~~~ ~ ~~~;~ ~~~~"""""""" """"""""",'''''''''''''''''''''',' I I I I METHOD OF MAILING: ENVELOPES PROVIDED BY: [8J USPS DRRR D HAND DELIVERED D OTHER_ [8J PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 12-05-06 ""'I""""""""""""""""""""""'" """""""""""""""""""""""""""",""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ~;.n{- Dep y Clerk of Orphans' Court